Lawyer specializing in clinical-medical relations

Are you a doctor or owner of a clinic and about to sign a liberal practice contract or exclusivity agreement? Do you wish to verify the conditions related to the application of a fee or contest a disproportionate fee to protect your interests? Contact Macfarlanes LLP to be supported in all stages of your activity. We have lawyers specialized in clinic-physician relations for all your liberal practice or exclusivity contracts.

Whether it is to negotiate and draft your contracts or provide you with effective legal solutions to secure your medical practice, you can count on our expertise. If you wish, we also analyze and modify any proposed contract to ensure the protection of your interests. In addition, we support you in the creation of liberal practice companies and intervene throughout the territory in case of litigation to defend you.

Lawyer specialized in clinic-physician relations: contracts for liberal practice or exclusivity

In accordance with the Public Health Code and the Medical Code of Ethics, any doctor practicing in a clinic must formalize their professional relationship by a contract. This document, as well as any amendments, is subject to the control of the Departmental Council of the Order of Physicians to ensure compliance with fundamental principles such as:

• the independence of the doctor;
• the prohibition of clauses on profitability;
• the preservation of professional secrecy, etc.

Therefore, the drafting of this contract is of paramount importance to establish a clear and fair balance between the rights and obligations of the stakeholders. Furthermore, any irregularity or ambiguity in the contract can lead to major legal consequences. For example, URSSAF can reclassify a liberal practice contract as an employment contract if it identifies a relationship of subordination, which often results in costly back payments.

On their side, some doctors, upon termination of their contract, may refer the matter to the Labor Court to request a reclassification and thus benefit from more advantageous compensation. Given these risks, we provide you with lawyers specialized in clinic-doctor relations for all your liberal practice or exclusivity contracts.

First, they can help you understand the aspects of these contracts and the legal implications of the clauses they contain.

Then, they intervene in the negotiation of the contract terms to include specific clauses tailored to your situation. Whether it concerns compensation, management of the patient base, or the use of technical and human resources provided by the clinic, our intervention will help secure your professional practice. We can also ensure the protection of your freedom to develop a personal patient base without violating the law.

Finally, our experts can also handle the complete and tailor-made drafting of your liberal practice contract or exclusivity agreement. We ensure that the document is legally valid, precise, and compliant with ethical standards. Thanks to this comprehensive approach, we offer you the peace of mind needed to practice your profession with complete serenity, avoiding legal risks.

Lawyer specialized in clinic-physician relations for liberal practice or exclusivity contracts: royalties

The fee under liberal practice or exclusivity contracts refers to the amount that the professional is required to pay to the establishment, generally in exchange for:

• access to resources or premises;
• access to services involving necessary staff;
• the use of equipment;
• the use of the facilities, etc.

This is a very important aspect of clinic-physician relationships. Determined by mutual agreement, this fee must meet strict conditions to be lawful. For example, it cannot include services already funded by social security funds, on pain of constituting a prohibited double billing.

Furthermore, the fee must accurately reflect the value of the services actually provided by the clinic to the doctor.

In the event that the amount of the fee is set without taking these conditions into account, its payment could be interpreted as a prohibited sharing of fees, a practice severely sanctioned by Article L4113-5 of the Public Health Code. This is why it is recommended to contact your lawyer specialized in clinic-physician relations for liberal practice or exclusivity contracts.

At Macfarlanes LLP, we support you in negotiating and determining the amount of the fee. In collaboration with you, we ensure that the services included in the fee base are clearly defined and correspond to the services actually provided by the clinic. We help you balance your rights and obligations with those of the establishment so that your interests are protected while respecting legal and tax requirements.

In the case of an already established contract, we intervene to assess the compliance of the royalties stipulated, whether it is a liberal practice contract or an exclusivity contract. We analyze whether the amount actually reflects the services provided by the clinic, taking into account the nature and actual cost of these services. Our expertise in ANCRE health law allows us to identify any problematic clause and advise you on the necessary adjustments to avoid any risk of dispute or adjustment.

Lawyer specializing in clinical-physician relations for contract audits and legal advice

Whether you are a professional practicing individually or a company, you can also contact our team of lawyers specialized in clinic-physician relations to audit your liberal practice or exclusivity contracts. These documents governing relations between clinics and physicians, as well as the different types of medical associations, must meet legal requirements to avoid any risk.

This may involve disagreements over the parties' obligations, disputes related to competition, or claims regarding the validity of certain clauses. These situations can hinder the development of your activities. Therefore, we offer you a complete audit service of your contracts to identify potential irregularities.

For example, we analyze sensitive clauses such as those of exclusivity and non-reinstallation, often used by clinics to prevent patient diversion. These clauses, which may impose geographical or time restrictions, must be balanced and adapted to each situation. We advise you on their implementation or renegotiation in order to protect your interests while respecting the applicable legal frameworks.

If you are a healthcare establishment, we can advise you, in particular, on the parameters of a non-reinstallation clause, such as the restriction radius or duration, to ensure their relevance and effectiveness. If you are a doctor, we help you negotiate these provisions to avoid excessive or unjustified constraints. Beyond auditing, we intervene in the legal structuring of health cooperation projects.

Whether for the creation of healthcare cooperation groups (GCS), public-private health centers, or health centers, you can count on us. The overhaul of the legal framework introduced by the Hospital, Patients, Health, Territories (HPST) law requires specific expertise to establish these new structures. Thus, our personalized advice will enable you to implement adapted and secure contractual tools, whether you are an institution or a self-employed practitioner.

Lawyer specialized in clinic-physician relations for liberal practice or exclusivity contracts: litigation

Despite preventive measures, liberal practice or exclusivity contracts between doctors and clinics, as well as clauses relating to royalties, can give rise to litigation. These disputes often arise during contract termination, involving questions such as:

• the qualification of the termination;
• compliance with notice periods;
• the compensation provided.

Faced with these issues, you can call on our firm of lawyers specialized in clinic-doctor relations for liberal practice or exclusivity contracts. They are able to analyze the terms of the contract, assess the breaches of each party, and defend your interests professionally. In the event of disputes concerning royalties, our specialists can carry out a detailed analysis of the services rendered and the sums received in order to offer you the most suitable solution.

With our experience, we can prepare the necessary arguments to contest abusive royalties or, conversely, to defend their legitimacy. Furthermore, when a healthcare professional has their liability invoked, whether for fault, a therapeutic risk, or an unjustified accusation, we do everything possible to provide a personalized defense.

We intervene before conciliation and compensation commissions (CCI) to negotiate fair agreements and avoid judicialization of the conflict, when possible. If the case is brought before civil, criminal, or administrative courts, we prepare a solid defense strategy to protect your interests thanks to our experience in criminal law.

Finally, conflicts with the CPAM or decisions of a medical advisor are also frequent sources of litigation. These disputes may concern financial adjustments, challenges to sick leave, or disagreements over procedures performed. Whatever the situation, our team will do its utmost to obtain a favorable outcome for your case.